Domestic Violence

Domestic Violence

Domestic violence includes physical injury, sexual abuse, forced imprisonment or the threat thereof.
Idaho Code §39-6301, et seq.

Protection Orders

*”Idaho courts can assist a victim of domestic violence (DV) through protection orders which restrict or prohibit contact between the victim of abuse and the abuser.

The courts can also assist victims of DV, (and victims of other abuse) to obtain a protection order for malicious harassment, stalking, or telephone harassment. Idaho Code §18-7907. Malicious harassment means to intimidate or harass another person, to cause physical injury, damage, destroy, or deface real or personal property or the threat thereof due to a person’s race, color, religion, ancestry, or national origin.

gavel next to paper saying domestic violence

Stalking means repeated acts of nonconsensual contact that alarms, annoys, or harasses another person, causing emotional distress, fear of death, physical injury, or fear or either, of a family or household member.

The protection order can be obtained in one day by applying at the clerk’s office at the local courthouse, and giving a sworn statement detailing the abuse. The clerk has all the forms needed to apply for a protection order. The application may also by obtained through the Court Assistance Office, or online, and then submitted by fax.

The Court has the ability to:

  • Restrict or prohibit contact between the victim of abuse and the abuser;
  • Provide for temporary custody and visitation of any children involved;
  • Award one party the family home and exclude the other party from the home;
  • Order the abuser to undergo treatment or counseling; and
  • Extend the 14-day protection order for up to one year and renew the one-year protection order upon motion and good cause shown.

NO CONTACT ORDERS:

Unlike Protection Orders, an individual cannot petition the courts for a No Contact Order. No Contact Orders are imposed as part of an existing criminal case and are most often issued in criminal domestic violence and stalking cases.

RESTRAINING ORDERS:

The term Restraining Order broadly refers to a civil order restraining or preventing some action. To obtain a Restraining Order you need to already be involved in an existing law suit or file a Petition/Complaint in addition to your Motion.

A Judge can only issue a Temporary Restraining Order without notice to the other party to prevent “immediate and irreparable injury, loss, or damage” (I.R.C.P. 65[b]) from occurring before the other party can be heard in opposition.”

*The information on this page was taken from Idaho Legal Aid Services Brochure: “The Protection Order Process”, and the Court Assistance Services brochure “Domestic Violence Protection Orders, Criminal No Contact Orders, Restraining Orders Definitions, Descriptions, & Differences”.

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